The Waiting Period


The date from which the Limited Capability for Work and Work-Related Activity (LCWRA) element is payable on a Universal Credit claim following a work capability assessment (WCA) which finds a claimant to have LCWRA is determined by regulation 28 of the Universal Credit regulations 2013.

Regulation 28 states that an element may be payable in the assessment period 3 months following ‘the first day on which the claimant provides evidence of their having limited capability for work in accordance with the Medical Evidence Regulations’.


Although there are some instances where it can be added on straight away, such as if you are terminally ill or you were entitled to one of the Employment and Support Allowance (ESA) components immediately prior to your Universal Credit claim. If you are in the Support Group or the Work-Related Activity Group on ESA, then this will be carried over into your Universal Credit claim and you will not need to go through an extra WCA.


If you have earnings above the threshold for a WCA to be carried out but are still eligible to have one because you are receiving Attendance Allowance (AA), Disability Living Allowance (DLA) or Personal Independence Payment (PIP), your waiting period will begin when your claim for Universal Credit commences, or when you make a claim for a limited capability for work element if this is later.

How this works for claimants & when payments are applied to Universal Credit is dependant on the dates of the claimant’s assessment period (AP) and the date the first fit-note was submitted.

The LCWRA element is awarded the first day of the new Assessment Period after which the 3-month relevant period ends. How do the dates work out?